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Frank v. Park Summit Realty Corp.

Court of Appeals of the State of New York
Dec 19, 1991
79 N.Y.2d 789 (N.Y. 1991)

Opinion

Decided December 19, 1991

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Harold Baer, Jr., J.

George R. Osborne for appellant.

M. William Scherer for respondent.



On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order modified, with costs to defendant landlord, by deleting so much thereof as affirmed "the disposition by the trial court of plaintiff's meritless claim for rent abatement, and the award to landlord of all rent arrears without reduction" and reinstating that portion of the order of Supreme Court as awarded plaintiff tenant a partial rent abatement and, as so modified, affirmed. The Appellate Division's statement "affirming" an award to landlord of all rent arrears without reduction misstated Supreme Court's order entered December 21, 1989 and, effectively, granted landlord affirmative relief that was neither sought on appeal nor before that court. The order of the Appellate Division is otherwise affirmed for the reasons stated in the memorandum of that court ( 175 A.D.2d 33).

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.


Summaries of

Frank v. Park Summit Realty Corp.

Court of Appeals of the State of New York
Dec 19, 1991
79 N.Y.2d 789 (N.Y. 1991)
Case details for

Frank v. Park Summit Realty Corp.

Case Details

Full title:LEN FRANK, Appellant, v. PARK SUMMIT REALTY CORP., Respondent

Court:Court of Appeals of the State of New York

Date published: Dec 19, 1991

Citations

79 N.Y.2d 789 (N.Y. 1991)
579 N.Y.S.2d 649
587 N.E.2d 287

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